HomeMy WebLinkAboutOrdinance 2024.005 Approving a Modification of a Rezoning Condition of Marana Ordinance No. 2009.02 for Mandarina 20240260135
ORDIN
01/26/2024 10:22:56 AM Page: 1 of 2
Gabriella Cazares—Kelly Recorder
OFFICIAL RECORDS OF PIMA COUNTY, AZ
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MARANA ORDINANCE NO. 2024.005
RELATING TO DEVELOPMENT; APPROVING A MODIFICATION OF A REZONING
CONDITION OF MARANA ORDINANCE NO. 2009.02, WHICH REZONED
APPROXIMATELY 342 ACRES LOCATED NORTH AND NORTHWEST OF THE
INTERSTATE 10 AND TANGERINE ROAD TRAFFIC INTERCHANGE, CREATING
THE MANDARINA SPECIFIC PLAN, TO DELETE A PROVISION OF THE
ORDINANCE THAT REQUIRED THE DEVELOPER TO INSTALL A NON-POTABLE
WATER SYSTEM TO SERVE THE COMMON OPEN SPACE AREAS AND OTHER
LANDSCAPED AMENITIES AND APPROVING AND AUTHORIZING THE MAYOR
TO SIGN THE FIRST AMENDMENT TO MANDARINA DEVELOPMENT
AGREEMENT
WHEREAS the Mayor and Council of the Town of Marana adopted Ordinance
No. 2009.02 on February 17, 2009, approving a rezoning of approximately 342 acres of
land located north and northwest of the Interstate 10 and Tangerine Road traffic
interchange to "F - Specific Plan" creating the Mandarina Specific Plan ("Mandarina");
and
WHEREAS approval of the rezoning was subject to a number of conditions,
including condition 10 which provides that the developer shall install a non-potable
water system to serve the common open space areas and other landscaped amenities of
Mandarina (the "Non-Potable Water Condition"); and
WHEREAS the Town and the then-owner of Mandarina,Mandarina,LLC,entered
into the"Mandarina Development Agreement," recorded in the Pima County Recorder's
office on December 4, 2020, at Sequence 20203390091 (the "Original DA"); and
WHEREAS the current beneficial owner of Mandarina,Mandarina Holdings,LLC,
is the successor in interest to Mandarina LLC; and
WHEREAS the Original DA acknowledges that the Cortaro-Marana Irrigation
District ("CMID") is the only plausible provider of non-potable water to Mandarina, and
provides that if the Developer is unable to receive non-potable water service from CMID
in an economically feasible manner, Town staff will schedule for Council consideration
an ordinance to remove or modify the Non-Potable Water Condition; and
WHEREAS the developer was unable to receive non-potable water service from
CMID in an economically feasible manner; and
Ordinance No.2024.005 - 1 -
WHEREAS Town staff has negotiated the terms of a First Amendment to the
Original DA with Mandarina Holdings, LLC to address the Non-Potable Water
Condition and other matters,including transportation,drainage,and park improvements
and reimbursements; and
WHEREAS the Mayor and Council find that the First Amendment to the
Mandarina Development Agreement is consistent with the Marana General Plan, the
Mandarina Specific Plan and all other applicable Town regulations and policies; and
WHEREAS the Mayor and Council find that deletion of the Non-Potable Water
Condition is insubstantial enough not to require or benefit from Planning Commission
consideration, and that this ordinance is in the best interests of the Town and its citizens.
NOW,THEREFORE,BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Section 1. The First Amendment to the Mandarina Development Agreement is
hereby approved in the form provided in the agenda materials associated with this
Council agenda item, and the Mayor is hereby authorized and directed to sign it for and
on behalf of the Town of Marana.
Section 2. Section 3, condition 10 of Marana Ordinance No. 2009.02 is hereby
deleted and the Mandarina Specific Plan is hereby amended, as and if necessary, to
conform to the deletion of the condition.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of
this ordinance are repealed as of the effective date of this ordinance.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, the decision shall not affect the validity of the remaining
portions of this ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona, this 16th day of January 2024.
Mayor Ed Honea
ATTEST: y APPROVED AS TO FORM:
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David L. Udall, Town Clerk Jane Fairall, Town Attorney
Ordinance No.2024.005 -2-